Criminal Law (Historical Homosexual Convictions Expungement) Act 2017
sec.20Criteria for other eligible offences
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sec.20 Criteria for other eligible offences
This section applies if a conviction or charge the subject of the application is for an eligible offence other than a Criminal Code male homosexual offence or a public morality offence. The chief executive may decide to expunge the conviction or charge for the offence only if the chief executive is satisfied, on the balance of probabilities— that the offence involved homosexual activity; and of the criteria prescribed by regulation for the offence. (sec.20-ssec.1) This section applies if a conviction or charge the subject of the application is for an eligible offence other than a Criminal Code male homosexual offence or a public morality offence. (sec.20-ssec.2) The chief executive may decide to expunge the conviction or charge for the offence only if the chief executive is satisfied, on the balance of probabilities— that the offence involved homosexual activity; and of the criteria prescribed by regulation for the offence.
- (a) that the offence involved homosexual activity; and
- (b) of the criteria prescribed by regulation for the offence.